Controversial “defense of unborn” bill could be changed or dropped

Rep. Phil Jensen said Wednesday that he is considering amending
or withdrawing a controversial bill that incited a national uproar
when opponents said it would legalize the killing of abortion
providers.

House Bill 1171 has the stated purpose of making use of lethal
force in defense of a fetus justifiable homicide. Supporters
disputed that it would allow the killing of abortion providers and
deferred the bill from its scheduled Tuesday hearing to consider
amendments.

After meeting on Wednesday morning with South Dakota Attorney
General Marty Jackley, Jensen, R-Rapid City, said he is considering
two options.

One is to amend the bill to make it clear that abortion providers
don’t fall under HB1171’s purview. Where HB1171 says homicide is
justifiable while resisting an attempt to harm a fetus “to a degree
likely to result in the death of the unborn child,” Jensen could
insert four words: “to a degree ‘that is unlawful and’ likely to
result…”

Abortion is legal under South Dakota law and so would not qualify
as an “unlawful” act.

Another option is to drop the bill entirely. South Dakota law,
Jensen said, includes “unborn child” in the category of “person” –
which is already included in the state’s justifiable homicide law.
This could “rule out the necessity for having” HB1171, Jensen
said.

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The bill has been put off until Tuesday. Jensen said he expects to
decide by Saturday which route he will take.